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The Nevada crime of obstructing a public officer under NRS 197.190 occurs when someone lies to, hinders, or withholds information from a public officer. Public officers include public government employees such as police or judges.

1. Legal definition of "obstructing a public officer" in Nevada

The Nevada crime of obstructing a public officer comprises either of the following three actions:

refusing to give information -- or neglecting to give information -- to a public officer when the person is legally required to; or

deliberately lying to a public officer; or

deliberately hindering a public officer from carrying out official duties

A "public officer" is any state government or local government employee in Nevada. This includes everyone from police officers and judges to councilmen and senators.1

In short, it is illegal to hamper government officers from doing their job. Note that it is generally not considered obstruction for a person to refuse to tell a police officer his/her name unless the refusal would make it more difficult for the police to do their job:2

Example: A police officer gets a tip that Ken has trespassed into a casino that he was banned from. The police officer approaches Ken and asks Ken his name. Ken refuses to tell him. In this situation, Ken could probably be arrested for obstruction because his name was necessary to the police's investigation of the trespass.3

2. Penalties for "obstruction of a public officer" in Nevada

Many first-time misdemeanor cases can get dismissed.

Obstruction of a government officer is prosecuted as a misdemeanor in Nevada. The possible sentence may include:

up to six (6) months in jail, and/or

up to $1,000 in fines4

For a first offense, the judge may agree to "dismiss" the charge after the defendant completed the sentencing terms. A dismissal means there is no conviction.

3. Fighting charges of "obstructing a public officer" in Nevada

Which defenses are most effective in a Nevada "obstruction of government officer" case depends on the facts of the incident. Three common defense strategies are:

The defendant's actions were legal: Just because a government officer believes he/she was obstructed does not necessarily mean it happened. Perhaps the officer misconstrued the defendant's actions or had a misconception about what obstruction is. As long as the prosecutor cannot prove that the defendant's actions rose to the level of obstruction, he/she is not criminally liable for obstructing a public officer.

The defendant was falsely accused: Perhaps the public officer was frustrated and accused the defendant out of frustration. Or perhaps the defendant was misidentified as the actual person who committed the obstruction. If the defense attorney can show that the defendant was the victim of false accusations, criminal charges should not stand.

The defendant did not act willfully. Giving misinformation to a government officer is a crime only if the person knew that it was misinformation. If the defendant genuinely believed everything he/she conveyed was truthful and accurate, then no NRS 197.190 violation occurred.

Remember that the prosecution bears the burden to prove a defendant's guilt beyond a reasonable doubt before the defendant may be convicted. If the defense attorney can show that the state's evidence against the defendant is too problematic, inconclusive or nonexistent, any obstruction of public officer charges should be dismissed.

4. Deportation for "obstruction of a public officer"

Public officer obstruction is usually not deportable.

Violating NRS 197.190 is not typically classified as a deportable offense. However, any non-citizen facing criminal charges may be vulnerable to being thrown out of the United States, especially in the current political climate where immigration laws seem to be in a constant state of flux.

Immigrants who have been charged with a crime are encouraged to seek legal counsel from an attorney experienced in both immigration and criminal law. The attorney may be able to persuade the D.A. to drop the case or else change the charge to a non-deportable offense. Learn more about the criminal defense of immigrants in Nevada.

5. Sealing criminal records for "obstruction of a public officer" in Nevada

Defendants convicted of "obstructing a government officer" must wait one (1) year before they can get a record seal.5 But if the case gets dismissed (meaning there was no conviction), then the defendant can get a record seal right away.6

6. Related offenses

6.1. Interfering with a public officer (NRS 197.090)

The Nevada crime of interfering with a government officer is like a more serious version of obstruction. In contrast to obstructing a public officer -- which comprises more passive non-cooperation -- interfering with a government officer comprises more active attempts to keep a public officer from performing their legal duties by the use of force, violence or threats.

6.2. Resisting arrest (NRS 199.280)

The Nevada crime of resisting arrest occurs when a person deliberately hinders police from carrying out legal duties, such as making an arrest. Violating NRS 199.280 with no weapons is a misdemeanor, carrying up to six (6) months in jail and/or up to $1,000 in fines. But the crime becomes a felony in Nevada if the defendant had firearms or other weapons.

6.3. Evading police (NRS 484B.550)

The Nevada crime of evading police occurs when someone intentionally continues to drive after police have signaled for the driver to stop by flashing the red light and sounding the siren. It is typically prosecuted as a misdemeanor, carrying up to six (6) months in jail and/or up to $1,000 in fines.

6.4. Making a false police report (NRS 207.280)

Violating NRS 207.280 is a misdemeanor, carrying up to six (6) months in jail and/or up to $1,000 in fines. In addition, the defendant may be ordered to reimburse the police for any costs the police incurred while investigating the false claim.

Battering a police officer is typically a gross misdemeanor, carrying up to 364 days in jail and/or up to $2,000 in fines. But if the defendant strangled the officer or caused him/her to sustain substantial bodily harm in Nevada, battery on a police officer becomes a category B felony in Nevada. These penalties include:

Call a Nevada criminal defense attorney...

If you would like to schedule a free consultation with our Las Vegas criminal defense attorneys, call 702-DEFENSE (702-333-3673). We may be able to get your charges lowered or thrown out completely. And if necessary, we will fight for your innocence at trial.

Legal References

NRS 197.190 Obstructing public officer. Every person who, after due notice, shall refuse or neglect to make or furnish any statement, report or information lawfully required of the person by any public officer, or who, in such statement, report or information shall make any willfully untrue, misleading or exaggerated statement, or who shall willfully hinder, delay or obstruct any public officer in the discharge of official powers or duties, shall, where no other provision of law applies, be guilty of a misdemeanor.

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